[Breaking] Delhi High Court rejects challenge to CBI appeal against 2G verdict, holds that amended PC Act will not apply to the case

The Delhi High Court today dismissed pleas challenging the legality of the Central Bureau on Investigation (CBI) appeal against the trial court's 2G verdict on the ground of lack of requisite sanction/approval from the Central government (CBI vs A Raja)..The challenge is not maintainable as it is beyond the scope of Section 378(2) of the Code of Criminal Procedure (CrPC), said Justice Brijesh Sethi..Holding that this provision did not concern the steps preceding the presentation of appeal by the investigating agency, Justice Sethi stated it was enough that the appeal was duly filed by a Special Public Prosecutor (SPP) for CBI. .The Court also held that CBI was not under any obligation to furnish a copy of the sanction or approval to file an appeal. ."The State has a substantive right to file an appeal against acquittal and this is subjective satisfaction of the Government.", it said. .Apart from settling the issue of lack of sanction, the Court also held that the 2018 amendment to the Prevention of Corruption Act qua Section 13(1)(d) would not come to the rescue of the accused in the present appeal.."Amended Act does not apply to offences that have already taken place. There was no intention to obliterate the earlier law."Delhi High Court.It added, ."The rights which are not saved by the “saving” provision are not extinguished or stand ipso facto terminated by the mere fact that a new Statute repealing/amending the old Statute is enacted.".The Court thus refused to sine die adjourn the present proceedings to await the decision of the High Court's Division Bench which is hearing a reference on this issue. .In view of his retirement at the end of this month, Justice Brijesh Sethi also released the appeals from his board. .The appeals will now be listed before another judge..Accused in the case, Siddharth Behura, Rajiv Agarwal and Sharad Kumar had filed a petition alleging that the CBI's appeal against the trial court's 2G verdict was filed without following the requisite procedure under Section 378 (2) CrPC..It was argued that nothing was placed on record to show that a sanction order was passed by the Central government in terms of this provision and the CBI manual. .The accused, who were acquitted by the trial court in 2017, had also contended that the filing counsel in the appeal was not specifically authorised to file an appeal arising from the 2G spectrum allocation verdicts. .Additional Solicitor General Sanjay Jain, appearing for CBI, had argued that the appeal was filed in due compliance of all legal provisions. Jain had informed the Court that the appeal was legally filed after the Government of India opined that the 2G case was fit for appeal..Meanwhile, acquitted accused RK Chandolia and Karim Morani also moved applications stating that the appeals against them had become infructous on account of the amendment to Section 13 of Prevention of Corruption Act, 1988..It was argued that the acts alleged against them were no longer criminal misconduct and in the absence of a “savings clause”, there could be no appeal qua them under the unamended provisions. .After the acquittal of all accused by the CBI Court in December 2017, the CBI and the ED had filed an appeal in the High Court in March 2018..Since then, the case has lingered and is yet to cross the hurdle of grant of leave to appeal by the High Court..Last year, the Court had begun listing the appeals on an almost day-to-day basis. The same was, however, discontinued due to the disruptions caused by COVID-19..In September, following an application by the investigating agencies, Justice Brijesh Sethi had expedited the hearing in the appeals once again. .[2G Appeal] Delhi HC issues notice in applications for early hearing by CBI, ED .CBI and ED had sought an urgent virtual hearing in the matter to facilitate a decision in their leave to appeal before the retirement of Justice Sethi, who will attain superannuation in the end of November 2020. .Read the orders: